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K. Arockiyaraj vs The Chief Judicial Magistrate on 27 August, 2013

The Full bench of this Court in the case of K.Arockiyaraj vs Chief Judicial Magistrate, Srivilliputhur & another., reported in 2013 (6) MU 641, proceeded to hold that Chief Judicial Magistrate is not equivalent to Chief Metropolitan Magistrate and the strict consideration of the provision make it clear that other than in metropolitan areas, only District Magistrate can exercise the power and not the Chief Judicial Magistrate. Effectively after the decision of the Full Bench, the secured creditors can only seek for remedy under Sec. 14 of the Act before the District Magistrates as the jurisdiction of the Chief Judicial Magistrates is barred, whereas in the metropolitan city the petitions are still filed before the Chief Metropolitan Magistrate.
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